This prize-winning book, first published in 1991, provides a detailed legal account of the development of the UK Official Secrets Acts 1911-1989. In particular, the Espionage section (s.1) of this criminal law is analysed carefully, illustrated by leading cases of UK spies prosecuted under this section, particularly during the 1980s including MI5 officer Michael Bettaney and Geoffrey Prime who worked at GCHQ. The author also examines problems of evidence in espionage prosecutions, and the consent of the Attorney-General in cases under the Official Secrets Acts. This book remains the definitive treatise on the UK Official Secrets Acts, especially concerning the espionage provisions.
Illustrations; Foreword by John C. Smith C.B.E., Q.C., LL.D., F.B.A.;
Preface; Acknowledgmeents; 1 History of the Official Secrets Acts 1911-1989
of the United Kingdom; 1.1 The Official Secrets Act 1911 1.2 The Amending Act
of 1920 (that is, the Official Secrets Act 1920) 1.3 The Official Secrets
Acts of 1939 and 1989; 2 Espionage and related offences: More recent analyses
of section 1 of the Official Secrets Act 1911 (as amended); 2.1 Definition of
espionage and related offences in section 1 2.2 Definition of purpose
prejudicial to the safety or interests of the State 2.3 Definition of mens
rea in relation to section 1 2.4 Definition of useful to the enemy; 3 More
recent analyses of the Official secrets Acts 1911-1989; 3.1 Definition of the
power to exclude the public from court proceeding in Official Secrets cases
3.2 Definition of an act of preparatory to the commission of an offence
under the Official Secrets Act 3.3 Definition of prohibited place in the
Official Secrets Acts; 4 The consent of the Attorney-General to prosecutions
under the Official Secrets Acts (with examples of section 1 offences); 4.1
The role and powers of the Attorney-General and other Law Officers of the
Crown 4.2 The consent (that is, fiat) of the Attorney-General to prosecutions
under the Official Secrets Acts (with examples of section 1 offences)
Conclusions 4.3.1 General conclusions about the role and powers of the
Attorney-General 4.3.2 Conclusions about the consent of the Attorney-General
to prosecutions under the Official Secrets Acts; 5 Espionage and related
offences: Problems of evidence in connection with Section 1 cases; 5.1 The
law of evidence in criminal proceedings generally 5.2 Sources of, and
problems regarding, evidence in espionage and related cases under section 1
of the Official Secrets Act 1911 (as amended) 5.2.1 Sources of evidence in
espionage and related cases under section 1 of the Official Secrets Act 1911
5.2.2 Problems regarding evidence in connection with espionage and related
cases under section 1 of the Official Secrets Act 1911 5.3 Conclusions 5.3.1
The Cyprus Eight case and judicial evidence 5.3.2 General conclusions about
the law of evidence in espionage cases; 6 Espionage and secrecy today; 6.1
The Official Secrets Act 1989 of the United Kingdom and the Security Service
Act 1989 6.1.1 The Official Secrets Act 1989 6.1.2 The Security Service Act
1989 6.2 General conclusions: espionage and secrecy today; Authors
postscript; APPENDICES 1 The basic court system in England and Wales 2
Section 1 of the Official Secrets Act 1911, as amended in 1920 3 Section 2 of
the Official Secrets Act 1911, as amended in 1920 (now repealed) 4 The
Official Secrets Act 1989 which replaced section 2 of the 1911 Act 5 The
Security Service Act 1989; List of Abbreviations; List of Cases; List of
Statutes; List of Statutory Instruments; Bibliography; Index
Rosamund Thomas